The Pleadings.
Understanding Civil Law in Florida: A Comprehensive Guide
The term 'pleadings' is often misused to refer to all documents submitted to the court, but it actually has a more specific meaning. In a lawsuit, 'pleadings' are limited to the filings that outline the allegations and causes of action of the plaintiff, or the responses, defenses, and counterclaims of the defendant. This distinction becomes important under the Florida Rules of Civil Procedure, as certain motions, like a motion to dismiss for failure to state a cause of action, are specifically directed towards the 'pleadings' and may not take into account other submissions such as exhibits or depositions.
In some cases, a complaint can present multiple counts or state different causes of action that may be inconsistent - this practice is referred to as pleading 'in the alternative.' The conduct in question may be able to support more than one cause of action, depending on the findings of discovery. It is possible for a party to plead claims that are contradictory to each other. This is due to the fact that pleadings in a case serve as a preliminary outline of the party's stance before all facts are fully revealed. As noted in the case of Hines v. Trager Constr. Co., 188 So. 2d 826, 831 (Fla. 1st DCA), cert. denied, 194 So. 2d 618 (Fla. 1966), this principle also extends to defendants. Consequently, a defendant has the right to present defenses that may be conflicting with one another.
Upon receipt of the initial pleading, the defendant (or respondent) is required to provide a response. The defendant has various options available at this point. The defendant must file an answer to address each allegation in the complaint and may include one or more defenses (Fla. R. Civ. P. 1.110(c)). According to the rules of civil procedure, any 'affirmative defenses' must be raised in a responsive pleading or motion to dismiss; otherwise, they will be forfeited (Fla. R. Civ. P. 1.110(d)). Affirmative defenses refer to those defenses that 'avoid' rather than deny the allegations. For instance, the statute of limitations is an affirmative defense where the defendant argues that even if the alleged acts are true, the plaintiff's claim is invalid due to a failure to file within the required timeframe. This defense 'avoids' rather than denies the claim.
Instead of or in addition to responding with an answer, the defendant has the option to challenge the legal validity of the plaintiff's claims in accordance with Fla. R. Civ. P. 1.140. These procedures also extend to counterclaims, crossclaims, and third-party claims. It is important to note that this challenge is not considered a formal pleading. The defendant can argue that the complaint does not establish a valid legal basis for a claim, meaning that even if the facts in the complaint are true, there is no legally recognized cause of action. Refer to Fla. R. Civ. P. 1.140(b)(6). A defendant also may move for ‘a more definite statement’ if the pleading is so vague or ambiguous that the defendant cannot frame a sufficient response to it Fla. R. Civ. P. 1.140(e). or it may move to ‘strike’ portions as ‘redundant, immaterial, impertinent or scandalous.’ Fla. R. Civ. P. 1.140(f).
Additionally to submitting a responsive pleading, a defendant has the option to file a counterclaim, which functions similarly to a complaint, with the difference being that the defendant becomes the counterclaim plaintiff. This means that a counterclaim includes factual allegations, legal claims, and a request for relief, akin to a complaint. The counterclaim must be addressed by the 'counterclaim defendant,' who was originally the plaintiff in the initial complaint. Refer to Fla. R. Civ. P. 1.100(a) and 1.110(c) for further details.
In accordance with Florida Rule of Civil Procedure 1.170(g), a defendant has the option to initiate a crossclaim against another defendant or to file a third-party complaint against a nonparty as outlined in Florida Rule of Civil Procedure 1.170(h). Both crossclaims and third-party claims must contain factual allegations, legal claims, and requests for relief. Additionally, the crossclaim or third-party defendants are required to provide a response as mandated by Florida Rule of Civil Procedure 1.100(a).
Amendment
According to Fla. R. Civ. P. 1.190(a), a party has the right to amend their pleading once if there has been no responsive pleading. However, if a responsive pleading has been filed, the party must obtain leave of court or written consent from the other party. Leave of court is granted freely when it is in the interest of justice. It is common for parties to amend their pleadings to address deficiencies pointed out in a motion to dismiss. Amendments may even be permitted after a trial under certain circumstances, as stated in Fla. R. Civ. P. 1.190(b).
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Citations:
Part of this article was taken from "The Reporter’s Guide to a Civil Lawsuit, by: Susan Tillotson Bunch".